That is certainly the question in SBA lending today. SBA has long regulated the types of fees that can be charged by an SBA lender to a borrower. Recently, SBA’s Office of Credit Risk Management (“OCRM”) has been taking a much closer look at participating lenders’ practices in connection with OCRM’s mission to conduct reasonable oversight and enforcement of lenders participating in the SBA loan programs. In light of this focus on lender fees, a refresher on permitted and prohibited fees under the SBA 7a loan program, may help lenders ensure that they are complying with SBA’s guidelines in this regard.
Permitted Fees:
Lenders should ensure that the fees that they are charging to borrowers are eligible under SBA guidelines. Fees that are charged that are not in compliance with SBA’s requirements are required to be refunded to the borrower. For lenders that habitually charge fees that are not permitted, this can become very expensive very quickly. Lenders should review their policy on fees to determine whether or not they are compliant with SBA guidelines. For more information on eligible fees on SBA 7a loans, contact Ethan at 267.470.1186 or esmith@starfieldsmith.com.
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